23 July 2010

A Johnson

Via email ([FOI #39948 email])

Our ref: CS/10/066/HJP

(Please quote our reference when contacting us)

If telephoning contact Hilary Pook on 020 7217 4734

or if using email send to: [email address]

Dear A Johnson

Request for information

In your email of 27 June, you asked how the Ombudsmen are held accountable and who they are accountable to.

In terms of decisions made on complaints, the Ombudsmen can only be challenged in court, by judicial review.

The Local Government Act 1974, which set up the Local Government Ombudsman's service, sets out other ways in which the Ombudsmen are accountable.

They are required to produce an Annual Report, and this is now laid before Parliament.

They can be asked to appear before the CLG Select Committee, on matters relating to how they operate as LGOs.

They have to publish Annual Accounts.

The Secretary of State appoints an Accounting Officer (currently the Chairman of the Commission), who is accountable to an Additional Accounting Officer at the Department for Communities and Local Government (CLG), who in turn is accountable to the Public Accounts Committee, for issues relating to the use of public money.

Issues of misconduct are covered by the Code of Conduct for Commission Members which makes reference to the seven principles of public life as set out by the Nolan Committee. An Ombudsman can be removed from office by Her Majesty “on grounds of incapacity or misbehaviour” (Section 23(6) of the Local Government Act 1974).

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That concludes my response. If you feel I have not dealt properly with your request, you have the right to appeal and, should you wish to do so, I can supply a copy our internal complaints procedure. If you do request an internal review - can you please indicate why you are unhappy with my response. You also have the right to apply to the Information Commissioner to determine whether your request has been properly dealt with. You should note however that the Commissioner will not consider any complaint where you have not first exhausted our internal complaints process or where there has been undue delay in contacting him. You will be able to obtain further details of the Information Commissioner's role from the website on www.ico.gov.uk.

Yours sincerely

Hilary Pook

Hilary Pook (Ms)

Communications and Records Manager

LGO 01 (03/08)